Section 26 of The Mines and Minerals (Development and Regulation) Act, 1957 in hindi
Delegation of powers.
- (1)The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification be exercisable also by--
- (a)such officer or authority subordinate to the Central Government; or
- (b)such State Government or such officer or authority subordinate to a State Government, as may be specified in the notification.
- (2)The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.
- (3)Any rules made by the Central Government under this Act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any State Government or any officer or authority subordinate thereto.
Summary
- The Central Government can delegate its powers under the Act to subordinate officers or authorities.
- The Central Government can also delegate its powers to State Governments or their subordinate officers.
- The State Government can delegate its powers under the Act to its subordinate officers or authorities.
- Any delegation of power by either government must be done via a notification in the Official Gazette.
- The delegation of powers can be made subject to specific conditions and limited to certain matters.
- Central Government rules can directly confer powers or impose duties on State Governments and their officers.
Practical examples
FAQ
1. Can the Central Government transfer its powers under the Act to other authorities?
Yes, it can delegate its powers to its subordinate officers, State Governments, or subordinate officers of State Governments.
2. How must a government announce the delegation of its powers?
It must publish a formal notification in the Official Gazette to make the delegation legally valid.
3. Can a State Government delegate its powers under this Act?
Yes, the State Government can delegate its powers to any officer or authority subordinate to it.
Test yourself
1.Under Section 26 of The Mines and Minerals (Development and Regulation) Act, 1957, how must the Central or State Government notify the public about the delegation of its powers?
2.Under Section 26(1) of The Mines and Minerals (Development and Regulation) Act, 1957, to which of the following entities can the Central Government delegate its powers?
3.Under Section 26(2) of The Mines and Minerals (Development and Regulation) Act, 1957, to whom can a State Government delegate its exercisable powers?
4.According to Section 26(3) of The Mines and Minerals (Development and Regulation) Act, 1957, what can rules made by the Central Government do regarding State Governments?